IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


■-  IIIIM 

-  lia  lllllio 


IIIIM 

iiii 


1.8 


1.25      1.4 

1.6 

— 

.41 5'/       _ 

► 

% 


& 


/a 


^. 


7 


% 


'V 


y 


>^ 


Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14S80 

(716)  872-4503 


# 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historlques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The 
tot 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  In  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'll  lui  a  et^  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-itre  uniques  du 
point  de  vue  bibliographiqua,  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  normale  de  filmage 
sont  indiquAs  ci-dessous. 


The 
pos 
oft 
filnr 


D 


Coloured  covers/ 
Couverture  de  couieur 


D 


Coloured  pages/ 
Pages  de  couiaur 


I      I    Covers  damaged/ 


Couverture  endommag^e 


□    Covers  restored  and/or  laminated/ 
Couverture  restaur^e  at/ou  pelliculde 


D 


D 
D 

n 


D 


Cover  title  missing/ 

Le  titre  de  couverture  manque 


I 1    Coloured  maps/ 


Cartes  g^ographiques  en  couieur 


Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couieur  (i.e.  autre  que  bleue  ou  noire) 


Coloured  plates  ar  ' '   t  illustrations/ 
Planches  ot/ou  illu      itions  en  couieur 


Bound  with  other  material/ 
Reliti  avec  d'autres  documents 

Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serree  peut  causer  da  I'ombre  ou  de  la 
distorsion  le  long  de  la  marge  int^rieure 


Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6ti  filmies. 


r~T|    Pages  damaged/ 


D 
D 

D 
D 
D 

n 


Pages  endommag^es 

Pages  restored  and/or  laminated/ 
Pages  restaur^es  et/ou  pellicul^es 

Pages  discoloured,  stained  or  foxed/ 
Pages  ddcolor^us,  tachetdes  ou  piquees 

Pages  detached/ 
Pages  d^tachees 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Quality  indgale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata.  une  pelure, 
etc..  cnt  ^t^  film^es  k  nouveau  de  facon  d 
obtenir  la  meilleure  image  possible. 


Ori( 
beg 
the 
sioi 
oth 
firs 
sioi 
or  i 


Th« 
sha 
TIN 
wh 

Ma 
difl 
ent 
bes 
rigt 
req 
me 


D 


Additional  comments:/ 
Commentaires  suppldmentaires; 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filme  au  ta*jx  de  reduction  indiqui  ci-dessous. 


10X 

14X 

18X 

71% 

26X 

30X 

J 

12X 


IfX 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

The  Nova  Scotia 
Legiilative  Library 


L'exemplaire  filmA  f ut  reproduit  grAce  A  la 
gAn6rosit6  de: 

Tlw  Nova  Scotia 
Legitiative  Library 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettetd  de  Texemplaire  film6.  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  film6s  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmds  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  oach  microfiche 
shall  contain  the  symbol  ^»-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END  "), 
whichever  applies. 


Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
film6s  d  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clichA,  il  est  film6  A  partir 
de  I'angie  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

8 

6 

;)^r: 


m,-.-    \.-:^'Sm 


«e>?,'* 

'^%, 

Mm' 

M 

kam 

■w*i^25^'''i 


',-*?'V?r7'  '" 


'■'ff^.-m 


El'V 


I'f-i »' 


•■    ^*■ 


/*%; 


AS  ' 

o 


.  .■       •       .   '•I 


'5715- 


.  •■?% 


^'^^:,'       '"^ 


w 


I 


'%-- 


'     f' 


OSSOUEV  00W3B1P 


or  THI 


:-->*- 


VirXTBD  STATUS, 


•  ,-\ 


Tor  i\ie  Soullaem  Bistncl  oi  Kew-\ork, 


IN    THE     SECOND     CIRCUIT. 


JOHN  FNGLIS,  Dkmandaot, 
^*'  ■  >'  vs. 

THE  TRUSTEES  OF  THE  SAILORS'  SNUG  HARBOUR  IN  Tl 
CITY  OF  NEW. YORK,  Temants. 


In  the  cause  above  entitled,  questions  having  At^ 
occurred  before  the  Circuit  Court  of  the  United 
States,  for  the  Southern  District  of  New-York,  in 
thfs^econH  Circuit,  at  the  October  Term,  in  the 
year  of  our  Lord  one  th.iusand  eight  hundred  and 
twenty >seven,  upon  which  the  opinions  of  the 
Judges  were  opposedL:  The  points  upon  which 
the  disagreement  happened,  are  hereby,  during  the 
same  term,  upon  the  request  of  the  Counsel  for 
the  Demandant,  stated  under  the  direction  of  the 
Judges,  and  certified  under  the  Seal  of  the  Court, 
to  the  Supreme  Court,  at  their  next  Session^  to  be 
held  thereafter.  .     <        ', 

The  case  was  as  follows  : —       <;    » 
It  was  a  Writ  of  Right,  brought  in  the  Circuit 
Court  aforesaid,  for  the  recovery  of  certain  real 


:,ia*' 


J«^^ 


I  ""(II" 


4 

estate,  situate  in  the  Ninth  Ward,  of  the  City  of 
New-York ;  whereof,  Robert  Richard  Randall, 
late  of  the  City  of  New-York,  now  deceased, 
died  seised  and  possessed. 

The  Count  was  upon  the  seisin  of  the  said 
Robert  Richard  Randall,  and  went  for  the  whole 
premises. 

Paul  R.   Randall,  and  Catharine  Brewerton,  a 

brother  and   sister  of  the   said    Robert   Richard 

Randall,  (on  whom  the  alleged  right  to  the  lands 

,  descended,  in  moieties,   and  through   whom  the 

f  p  idcmandant    deduces  his  descent,)   both  survived 

him,  but  had  since  died. 

The  Tenants  put  themselves  upon  the  Grand 
Assize,  and  the  mise  was  joined  upon  the  mere 
right. 

The  cause  was  noticed  for  trial  for  the  October 

Term,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  twenty-seven  ;  and  came  on  for  trial 

//u*^<^     on  Friday  the  twenty-faiiiikday  of  November,  in 

the  said  year,  during  the  said  October  Term. 

The  Counsel  for  the  Tenants  began  with  the 
evidence,  and  showed  that  they  had  been  in  pos- 
session for  a  number  of  years,  claiming  as  owners. 

The  Counsel  for  the  Demandant  then  called 
witnesses,  who  testified  to  the  seisin  of  Robert 
Richard  Randall ;  and  that  he  purchased  from  one 
Baron  Poelnitz.    And  also  testified  to  the  gene- 


-^ 


alogy  of  the  Demandant,  as  the  next  collateral 
heir  of  the  said  Hubert  Richard  Randall,  on  (he 
part  of  his  mother ;  and  that  the  blood  of  Thomas 
Randal!,  the  father  of  the  said  Robert  Richard 
Randall,  was  extinct.    ;  ,  ,,      /    , 

One  of  these  witnesses  testified,  among  other 
matters,  that  the  British  troops  entered  into  the 
C'uy  of  New-York,  on  the  fifteenth  day  of  Sep- 
tember, in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  seventy-six ;  took  and  had 
full  and  entire  possession  thereof;  also,  of  Long 
Island  and  Staten  Island ;  also,  of  the  Bay  and 
river  complete  ;  that  they  had  a  Police-Office  and 
a  civil  government,  to  a  certain  extent,  all  under 
the  British  authority,  that  is  to  say,  under  the 
authority  of  the  British  commander  in  chief. 

That  the  Courts  formerly  in  existence  did  not 
thei^  exist :  There  was  a  Mayor  of  the  City — but 
what  jurisdiction  he  possessed,  the  witness  knew 
not,  nor  did  he  ever  see  any  of  the  judicial  pro- 
cess. The  witness  knew  the  Demandant  from  his 
infancy,  and  from  within  two  or  three  days  of  his 
birth ;  which  was  perhaps  in  the  year  one  thous- 
and seven  hundred  and  seventy  five,  or  one  thous- 
and seven  hundred  and  seventy-six,  in  the  City 
of  New  York;  that  he  could  not  suppose  the  De- 
mandant more  than  a  year  old  when  the  British 
troops  entered  the  City  of  New  York;  but  that  it 
was  only  opinion :  that  the  witness  thought  that 
the  Demandant  was  the  second  child  ;  that  Mrs. 


■■na^ 


TW* 


^ 


"t 


\% 


Inglis,  his  mother,  had  children  very  fast,  which 
he  believed  was  the  cause  of  her  death ;  that 
Charles  Inglis,  the  father  of  the  Demandant,  was  a 
native  of  Ireland,  where  he  was  educated ;  he 
first  came  to  the  State  of  Delaware,  about  the 
year  of  our  Lord  one  thousand  seven  hundred  and 
sixty-four,  where  he  resided  for  six  or  seven  years; 
he  then  removed  to  New-York,  and  was  then 
about  thirty  four  or  thirty  five  years  old,  and  con- 
tinued to  reside  in  the  Citv  until  he  left  there  for 
England.  That  he  must  have  left  the  City  of 
New- York,  on  the  day  of,  or  a  little  before,  the 
evacuation  thereof  by  the  British  troops,  on  the 
twenty  fifth  day  of  November,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  eighty- 
three  ;  that  he  so  left  it  in  company  with  the 
British,  or  perhaps  in  a  single  ship ;  that  he  took 
the  Demandant  with  him ;  went  to  England  di- 
rect ;  remained  there  two  years ;  was  appointed  a 
Bishop,  and  returned  to  Nova-Scotia  direct,  in  the 
year  one  thousand  seven  hundred  and  eighty -five, 
or  one  thousand  seven  hundred  and  eighty-six, 
and  resided  in  Nova-Scotia  until  his  death  :  That 
the  mother  of  the  Demandant  died  in  the  City  of 
New-York,  a  little  while  before  the  evacuation 
thereof  by  the  British  troops.  The  witness  took 
for  granted  that  all  who  remained  in  the  City  of 
New- York,  after  the  British  entered,  were  attach- 
ed to  the  British :  That  he  did  not  know  the  fact, 
but  always  took  for  granted  that  Charles  Inglis, 
the  father  of  the  Demandant,  was  as  much  a  Roy- 


alist,  as  he  the  witness  was,  and  that  no  man  could 
be  more  so  than  the  witness ;  but  he  had  never 
heard  Charles  Inglis  say  so:  That  the  Demandant 
is,  as  the  viitness  thinks,  from  fift)  one,  to  fifty- 
two  years  of  age,  and  the  witness  is  morally 
certain  thereof ;  but  that  he  could  positively  say 
he  the  Demandant  was  born  before  the  year  one 
thousand  seven  hundred  and  seventy- nine  ;  that 
the  Demandant  perhaps  took  his  degree  of  Master 
of  Arts  in  England ;  that  he  must  have  gone  to 
England  to  be  ordained  a  Clergyman  :  But  that 
his  place  of  residence  from  the  time  he  first  ar- 
rived at  Nova-Scotia  with  his  father,  until  the 
present  time,  was  in  Nova  Scotia ;  and  that  the 
Demandant  must  also  have  gone  to  England  to  be 
consecrated  a  Bishop,  which  character  he  now 
holds,  he  being  Bishop  of  Nova-Scotia. 


Another  witness  on  the  part  of  the  Demandant, 
testified  that  he  had  known  him  since  the  year 
one  thousand  seven  hundred  and  ninety:  I'hat  they 
were  very  intimate  as  boys ;  that  the  Demandant  left 
college  as  witness  entered  the  grammar  school : — 
the  witness  was  forty  nine  years  of  age,  and  one 
month,  and  always  considered  the  Demandant  as 
at  least  two  years  older  than  himself;  and  that 
it  was  well  understood  at  school,  that  the  De- 
mandant was  the  senior  of  the  witness ;  that  he 
had  never  heard  it  from  the  family  of  the  Demand- 
ant ;  but  that  boys  generally  know  each  other's 
ages,  and  the  witness  had  no  doubt  on  the  subject  ,* 


/". 


i 


B 


[«■' 


It  ■■■ 


1/ 


1 


the  parents  of  the  Demandanf,  aiicf  of  the  M>itness, 
were  very  inrimHte  ai  the  time,  and  that  tW^  wit- 
ness then  knew  the  Demandant  as  being  from 
New- York,  as  was  also  the  witness;  that  he  had 
no  other  means  of  knowledge  than  such  inter- 
course above  stated,  but  that  he  could  not  be  but 
a  few  months  in  error  as  to  the  age  of  the  De^ 
mandant. 

•    '         ■  f  » 

■      1 

A  witness  on  the  part  of  the  Tenants  testified, 
that  she  (the  witness)  was  married  by  Doctor 
Charles  Inglis,  the  father  of  the  Demandant,  on 
the  ninth  day  of  October,  in  the  year  of  our  Lord 
one  thousand  seven  hundre<l  and  eighty-three,  just 
before  he  went  to  England  ;  that  the  Demandant 
was  with  his  father  at  the  marriage,  and  could  not 
speak  plainly  ;  and  he  was  considered  as  not  then 
five  years  old,  but  belweea  four  and  five ;  that 
Charles  Inglis,  and  Margaret  his  wife,  had  four 
children,  to  wit :  Charles,  the  eldest,  who  died  an 
infai^t ;  Margaret,  the  second  child ;  Ann,  the 
third  ;  and  John,  (the  Demandant,)  the  fourth  ; 
that  there  was  an  interval  of  about  two  years  be- 
tween i^ch  ;  and  the  witness  was  sure  that  John 
was  the  youngest  child.     ,  ., 

It  appeared  from  an  inscription  on  a  slab  in 
the  north  side  of  the  chancel  of  St.  P«™.ul*s  Church, 
in  the  City  of  New-York,  that  Mrs.  Margaret 
Inglis  died  on  the  21st  day  of  September,  A.  D. 
1783;  and  that  her  eldest  son  Charles,  died  on  the 
20ih  day  of  January  1782,  in  the  eighth  year  of 


his 


age. 


i^^jiijjgjlj^^j^ 


.«l 


^ 


>'. 


The  Demandant  claimed  his  relationship  lo 
RnlKTt  Richard  Kandall,  through  his  mother, 
Margaret  Iiiglis,  who  was  a  descendani  of  John 
Crookt',  (he  comiiion  ancestor  of  Hobert  Richard 
Kandall,  and  the   Demandant. 

The  proceedings  of  a  Convention  of  the  State 
of  New  York,  on  the  sixteenth  d^y  of  hi\y,  in 
the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy-six,  before  the  British  entered  the 
City,  were  then  read,  in  the  words  and  figures 
following,  that  is  to  say  : — 

*^  Tuesday  nfternooriy  \ 6th  July ^  1776. 
The  Convention  :net  pursuant  to  adjournment. 


^vjiifl 


1 


Present — General  Woodhull,  President. 


JVewYork. 
Colonel  Lott,  Col'tnel  Broome,  Mr. 
Duiiscomb,  Major  Aboel,  Mr.  Banc- 
ker.  .   ,  ^ 

Dutchess. 
Mr.  G.  Livin^sto^,  Mr  Landon,  Dr. 
Crane,  Mr  Hopkins,  Mr  Scbeuck. 
Albany. 
Mr  A.  Yates,  Mr  Adgate,  Colonel 
Rensselaer.  •' 

Westchester. 
.   Mr    Mills,  Colonel  Drake,  Major 
Lockwood. 

Cumberland. 
.  Mr,  Hopkins,  Mr.  missions. 


Suffolk. 
General  Woodhull,  Mr.  L  L'Hom- 
medieu,  Mr.  Smith,  Mr.  Dearing,  Mr. 
Geliton. 

Orange, 
Mr.  Little. 

Charlotte, 
Mr.  Webster.  . 

Ulster. 
Colonel  Paulding,  Major  Tappen, 
Mr    Cuntine,  Colonel   Dewitt,    Mr. 
Wisuer. 

Tryon. 
Mr.  Harpei,  Mr  Moore,  Mr.  Paris, 
Mr.  Vader,  Mr.  Newkirk. 


**  Whkreas,  The  present  dangerous  situation  of 
this  State,  demands  the  unremitted  attention  of 
every  member  of  this  Convention, — Resolved  un- 
animously., That  the  consideration  of  the  nece.ssity 
uad  propriety  of  e^tabli^ihing  an  Independent  Civil 

2 


*'T*^WV'»'  ■    V 


■T?r^' 


AR 


'  10 

Government,  be  postponed  until  the  first  day  of 
August  next,  and  that  in  the  meantime 

"  Resolved  unanimously,  That  all  magistrates, 
and  other  officers  of  justice  in  this  State,  who  are 
Well  affected  to  the  liberties  of  America,  be  re- 
quested until  further  orders,  to  exercise  their  re- 
spective offices,  Provided,  that  all  processes,  and 
other  their  proceedings,  be  under  the  authority  and 
in  the  name  of  the  State  of  New-York. 

"  Resolved  unanimously,  That  all  persons  abiding 
within  the  State  of  New-York,  and  deriving  pro- 
tection from  the  Laws  of  the  same,  owe  allegiance 
to  the  said  Laws,  and  are  Members  of  the  State : 
And  that  all  persons  passing  through,  visiting,  or 
makitig  a  temporary  stay  in  the  said  State,  being 
entitled  to  the  protection  of  the  Laws  during  the 
time  of  such  passage,  visitation,  or  temporary  stay, 
owe,  during  the  same,  allegiance  thereto. 

*'  That  all  persons  members  of,  or  owing  alle- 
giance to  this  State,  as  before  described,  who  shall 
levy  war  ag  linst  the  said  State,  within  the  same, 
or  be  adherent  to  the  King  of  Great  Britian,  or 
others  the  enemies  of  the  said  State,  within  the 
same,  giving  to  him  or  them  aid  or  comfort,  are 
guilty  of  Treason  against  the  State,  and  being 
thereof  convicted,  shall  suffer  the  pains  and  pen- 
alties of  DEATH." 

Several  Acts  of  the  Legislature  of  the  State  of 
New-York,  were  then  read  in  evidence  on  the  part 


J    MMP.1  II  J I  ipni 


n 

of  the  Tenants,  that  is  to  say,  the  Act  of  the 
third  Session,  Chapter  XXV,  entitled  *^  An  Ad 
Jar  the  forfeiture  and  sale  of  the  estates  of  persons 
who  have  adhered  to  the  enemies  of  this  State, 
and  for  declaring  the  sovereignty  of  the  People  of 
this  State,  in  respect  to  all  property  within  the 
same. — Passed  the  22d  October  1779." 


.i^j'^k■■• 


■'m 


Also,  the  Act  of  the  same  Session,  Chapter 
XXVII!,  entitled,  *' J«  Act  to  provide  for  the 
temporary  Government  of  the  Southern  parts  of 
this  State,  whenever  the  enemy  shall  abandon  or 
be  dispossessed  of  the  same,  and  until  the  Legisla- 
ture can  be  convened. — Passed  October  23dt  1 779." 


Also,  the  Act  of  the  sixth  Session,  Chapter 
LIV,  entitled,  "  A  Supplementary  /9ct  to  the 
Act,  entitled,  jSn  Act  to  provide  for  the  temporary 
Government  of  the  Southern  parts  of  this  State, 
whenever  the  enemy  shall  abandon,  or  shall  be  dts- 
possessed  of  the  same,  and  until  the  Lfgistature 
can  be  convened. — Passed  21th  March  1 7U3.'' 


I 


It  was  admitted  upon  the  trial,  that  the  said 
Robert  Richard  Randall,  died  on  some  day  be- 
tween the  1st  of  June  1801,  and  the  10th  July 
in  the  same  year  1801.  And  ir  appeared  that  pre- 
viously to  his  death,  he  made  a  Inst  will  and  tesra- 
ment,  duly  executed  and  attested,  in  the  words  fol- 
lowing, that  is  to  say  : — 


■^-""^r 


i^ 


y 


r 


;^    12 

*'  In  the  Name  of  God,  Amen. — T,  Robert 
RichHrrl  Rnndall,  of  the  Seventh  Ward,  of  the  City 
of  New  York,  being  weak  in  bod)',  but  of  sound 
and  disposing  mind  and  memory,  Do  make  and 
ordain  this  m^  last  will  and  testament,  as  follows : 

First,  I  direct  all  my  just  debts  to  be  paid. 

Stcondiy,  I  give  unto  the  legitimate  children 
of  my  brother,  Paul  R.  Randall,  each  an  annuity 
or  yearly  sum  of  forty  poumls,  until  they  respec- 
tively attain  the  age  of  fifteen  };ears  ;  and  in 
addition  thereto,  I  give  to  each  of  the  sons  of  my 
said  brother,  the  sum  of  one  thousand  pounds,  to 
be  paid  to  them  as  they  may  respectively  attain 
the  age  of  twenty  one  years ;  and  also  to  each 
daughter  which  my  said  brother  may  have,  the 
like  sum  of  one  thousand  pounds  each,  to  be  paid 
to  them  as  they  may  respectively  be  married. 

Thirdly,  I  give  and  bequeath  unto  Betsey  Hart, 
my  house  keeper,  my  gold  sleeve-buttons,  and  an 
annuity  or  yearly  payment  of  forty  pounds,  to  be 
paid  her  in  quarterly  payments  during  her  natural 
life. 

Fourthly,  1  give  and  bequeath  unto  Adam 
Shields,  my  faithful  overseer,  my  gold  watch,  and 
the  sum  of  forty  pounds,  to  be  paid  to  him  as  soon 
after  my  decease  as  conveniently  may  be. 

Fifthly,  I  also  give  and  bequeath  unto  Gawn 
Irwin,  who  now  lives  with  me,  my  shoe-buckles 


13 

and  knee  burklps,  and   also  the  sum   of  twenty 
pcuintls,  to  hf  paid  imnirdiaiely  after  ni}  decease. 

Sixthly^  As  to  and  concerning  all  the  rest,  resi- 
due, and  remainder  of  my  estate,  both  real  and 
persrmal;  I  fjive,  devise  and  bequeath  the  same 
unto  the  Chancellor  of  the  State  of  New  York, 
the  Mayor  and  Recorder  of  the  City  of  New- 
York,  the  President  of  the  Chamber  of  Com- 
merre  in  the  City  of  New  York,  the  President  and 
Vire  President  of  the  Marine  Society  of  the  Cit}  of 
Nev\-Yoik,  the  senior  Minister  of  the  Episcopal 
Church  in  the  said  City,  and  the  senior  Minis- 
ter of  the  Presbyterian  Church  in  the  said  City, 
to  have  and  to  hold  all  and  singular  the  said  rest, 
residue,  and  remainder  of  my  said  real  and  per- 
sonal estate,  unto  them  the  said  Chancellor  of  the 
Slate  of  New  Yoik,  Mayor  ot  the  City  of  New- 
York,  the  Recorder  of  the  City  of  New- York,  the 
President  of  the  Chamber  of  Commerce,  Presi- 
dt  nt  and  Vice  President  of  the  Marine  Society, 
senior  Minister  of  the  Episcopal  Church,  and 
senior  Minister  of  the  Presbyterian  Church  in 
the  said  City,  for  the  time  being,  and  their  re- 
spective successors  in  the  said  offices  forever,  to, 
for,  and  upon  the  uses,  trusts,  intents  and  pur- 
poses, and  subject  to  the  directions  and  appoint- 
ments hereinafter  mentioned  and  declared  con- 
cerning the  same,  that  is  to  say  ;  out  of  the  rents, 
issues  and  proiiis  of  the  said  rest,  residue,  and  re- 
mainder of  ury  said  real  and  personal  estate,  to 
erect  and  build  upon  some  eligible  part  ot  the  land 


lA til 


H 


M 


..«* 


■W^^w.-ir 


14 

upon  which  I  now  reside,  an  Asyhim,  or  Marine 
Hospital,  to  be  called  "  The  Sailors'  Snug  Har- 
bour,''  for  the  purpose  of  maintaining  and  sup- 
porting aged,  decrepid,  and  worn-out  Sailors,  as 
soon  as  they,  my  said  Charity  Trustees,  or  a  ma- 
jority of  them,  shall  judge  the  proceeds  of  the 
said  estate  will  support  fifty  of  the  said  Sailors, 
and  upwards ;  and  I  do  hereby  direct,  thai  the 
income  of  the  said  real  and  personal  estate,  given 
as  aforesaid,  to  my  said  Charity  Trustees,  shall 
forever  hereafter  be  used  and  applied  for  support- 
ing the  Asylum,  or  Marine  Hospital  hereby  direct- 
ed to  be  built,  and  for  maintaining  Sailors  of  the 
above  description  therein,  in  such  manner  as  the 
said  Trustees,  or  a  majority  of  them,  may  from 
time,  or  their  successors  in  office,  may  from  time 
to  time  direct.  And  it  is  my  intention  that  the 
ini^titution  hereby  directed  directed  and  created 
should  be  perpetual,  and  that  the  above  mentioned 
officers  for  the  time  being,  and  their  successors, 
should  forever  continue  and  be  the  governors  there- 
of, and  have  the  superintendance  of  the  same.  And 
it  is  my  v\  ill  and  desire,  that  if  it  cannot  legally  be 
done  according  to  my  above  intention,  by  them, 
without  an  Act  of  the  Legislature,  it  is  my  will 
and  desire,  that  they  will  as  soon  as  possible  ap- 
ply for  an  Act  of  the  Legislature  to  incorporate 
them  for  the  purposes  above  specified.  And  I  do 
further  declare  it  to  be  my  will  and  intention,  that 
the  said  rest,  residue  and  remainder  of  my  real 
and  personal  estate,  should  be  at  all  events  applied 


~«ni 


r-)^ 


15 

for  the  uses  and  purposes  above  set  forth;  and  that 
it  is  my  desire  all  Courts  of  Law  and  Equity 
will  so  construe  this  013^  said  will,  as  to  have  the 
said  estate  appropriated  to  the  above  uses,  and 
that  the  same  should  in  no  case,  for  want  of  legal 
form  or  otherwise,  be  so  construed  as  that  m^  re- 
lations, or  any  other  persons  should  heir,  possess, 
or  enjoy  my  property,  except  in  the  manner,  and 
for  the  uses  herein  above  specified. 

And,  Lastly^  1  do  nominate  and  appoint  the 
Chancellor  of  the  State  of  New-York,  for  the 
time  being,  at  the  time  of  my  decease,  the  Ma) or 
of  the  City  of  New  York,  for  the  time  being; 
the  Recorder  of  the  City  of  New- York,  for  the 
time  being;  the  President  of  the  Chamber  of  Com- 
merce, for  the  time  being;  the  the  President  and 
Vice-President  of  the  Marine  Society  in  the  City 
of  New  York,  for  the  time  bein^ ;  the  senior 
Minister  of  the  Episcopal  Church  in  the  City  of 
New- York,  and  the  senior  Minister  of  the  Pres- 
byteriau  Church  in  the  said  City,  for  the  time 
being ;  and  their  successors  in  office  after  them,  to 
be  the  executors  of  this  my  last  will  and  testament, 
hereby  revoking  all  former  and  other  wills,  and 
declaring  this  to  be  my  last  will  and  testament. 

In  toitness  whereof,  I  have  hereunto  set  my  hand, 
and  affixed  my  seal,  the  first  day  of  June,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
one. 

ROBERT  RICHARD  RANDALL,  (l.  s.) 


.,.. 


I'll 


16  ,. 

Signed,  sealed,  published  and  declared  by  rhe 
said  Teslalor,  as,  and  for  for  his  lastwill  nnd  lesta- 
ment,  in  the  presence  of  us,  who  in  his  presence, 
at  his  request,  and  in  the  presence  of  each  other, 
have  subscrib«-d  our  names  as  witnesses  thereto, 
there  being  an  erasure  from  the  word  *'  President" 
to  the  end  of  the  eleventh  line  of  the  second  page. 

Uriah  Burge, 

Henry  Brevoort, 

Jonas  Humbert. 

The  Act  oi  the  Legislature  of  the  State  of 
New  Vork,  of  the  twenty  ninth  Session,  Chapter 
IV,  entitled,  "  An  Act  to  Incorporate  the  Trus- 
tees of  the  Marine  Hospital,  called  the  i^ailors^ 
Snug  Harbour,  in  the  City  of  New  York. — Passed 
February  6lh  1806,"  was  likewise  read  in  evi- 
dence as  follows,  that  is  to  say  : — 

*'  Whereas,  It  is  represented  to  the  Legislature, 
that  Robert  Kichanl  Randall,  late  of  the  Ciry  of 
New  York,  deceased,  in,  and  by  his  last  will  and 
testament,  duly  made  and  executed,  bearing  date 
the  fir'*t  day  of  June,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  one,  did,  alttr  be- 
queiithing  certain  specific  legacies  therein  men- 
tioned, atiKmg  other  ihing'^,  give,  devise,  and  be- 
queath all  the  residue  ol  his  estate,  both  real  and 
perNonal,  unto  the  Chancellor  of  this  State,  the 
Mayor  and  Recorder  of  the  City  of  New-York, 
the  Piesideut  of  the  Chamber  of  Commerce  in 


I  ' 


I 


•«■«« 


It  " 

the  City  of  New-York,  the  President  and  Vice- 
President  of  the  Marine  Society  of  the  City  of 
New  York,  the  senior  Minister  of  the  Episcopal 
Church  in  the  said  City,  and  the  senior  Minister 
of  the  Presbyterian  Church  in  the  said  City,  for 
the  time  being,  and  to  their  successors  in  office 
respectively,  in  trust,  to  receive  the  rents,  issues 
and  profits  thereof,  and  to  apply  the  same  to  the 
erecting  or  building  on  some  eligible  part  of  the 
land  whereon  the  Testator  then  resided,  an 
Asylum,  or  Marine  Hospital,  to  be  called  *'  The 
Sailors^  Snug  Harbour,"  for  the  purpose  of  main- 
taining and  supporting  aged,  decrepid  and  worn-out 
Sailors,  as  soon  as  the  said  Trustees,  or  a  majority 
of  them,  should  judge  the  proceeds  of  the  said 
estate  would  support  fifty  of  such  Sailors  and 
upwards  ;  and  that  the  said  Testator  in  his  said 
will,  declared  his  intention  to  be,  that  the  said 
estate  should  at  all  events  be  applied  to  the  pur- 
poses aforesaid,  and  no  other;  and  if  his  Baid 
intent  could  not  be  carried  into  eiTect  without  an 
act  of  incorporation,  he  therein  expressed  his 
desire  that  the  said  Trustees  would  apply  to  the 
Legislature  for  such  incorporation ;  and  Whereas^ 
the  said  Trustees  have  represented  that  the  said 
estate  is  of  considerable  value,  and  if  prudently 
managed,  will  in  time  enable  them  to  erect  such 
Hospital,  and  carry  into  effect  the  intent  of  the 
Testator ;  but  that  as  such  Trustees,  and  being  also 
appointed  executors  of  the  said  will,  in  virtue  of 
their  offices,  and  only  during  their  continuance  in 

3 


,  .«WeA.--.-Ji;ilfc^ltl#fii^i  .A. 


Wi 


!  "  'X 


I 


' 


18 

the  said  offices,  they  have  found  that  considerable 
inconveniences  have  arisen  in  the  management 
of  the  said  estate,  from  the  changes  which  have 
taken  place  in  the  ordinary  course  of  the  elections 
and  appointments  to  those  offices,  and  have  pray- 
ed to  be  incorporated  for  the  purposes  expressed 
in  the  said  will,  and  such  prayer  appears  to  be 
reasonable:  Therefore, 


i    s 


Hi 


i   I 


!     t 


't,  t 


|:i 


1  ^ 


I  I 


ii 


I  I  * 


I.  Be  it  enacted  by  the  People  of  the  State  of 
JVeiv  Yorkf  represented  in  Senate  and  Assembly t 
That  John  Lansing,  jun.  the  Chancellor  of  this 
State,  De  Witt  Clinton  the  Mayor,  and  Maturin 
Livingston  the  Recorder  of  the  City  of  New- 
York  ;  John  Murray  the  President  of  the  Chamber 
of  Com  nerce  of  the  City  of  New-York;  James 
Farquhar  the  President ;  and  Thomas  Farmer  the 
first  Vice-President  of  the  Marine  Society  of  the 
City  of  New-York;  Benjamin  Moore  senior  Min- 
ister of  the  Episcopal  Church  in  the  said  City ; 
and  John  Rogers  senior  Minister  of  the  Presbyte- 
rian Church  in  the  said  City  ;  and  their  successors 
in  office  respectively,  in  virtue  of  their  said  offices, 
shall  be,  and  hereby  are,  constituted  and  declared 
to  be  a  body  corporate,  in  fact,  and  in  name,  by 
the  name  and  style  of  the  Trustees  of  the  Sailors^ 
Snug  Harbour,  in  the  City  of  New-York,  and  by 
that  name  they  and  their  successors  shall  ha^^e 
continual  succession,  and  shall  be  capable  in  Law 
of  suing  and  being  sued,  pleading  and  being  im- 
pleaded, answering  and  being  answered  unto,  de- 


If  f   ■■ 


19 


siderable 
agement 
ch  have 
elections 
ive  pray- 
xpressed 
rs  to  be 


State  of 
issembly, 

r  of  this 

Maturin 
of  New- 
Chamber 
l;  James 
irmer  the 
:y  of  the 
lior  Min- 
lid  City  ; 
^resbvte- 
jccessors 
d  offices, 
declared 
lame,  by 

Sailors' 
I  and  by 
all  ha^'e 

in  Law 
eing  im- 
into,  de- 


fending and  being  defended,  in  all  courts  and 
places  whatsoever,  and  in  all  manner  of  actions, 
suits,  complaints,  matters  and  causes  whatsoever  ; 
and  that  they  and  their  successors  may  have  a 
common  seal,  and  may  change  and  alter  the  same 
at  their  pleasure ;  and  also,  that  they  and  their 
successors,  by  the  name  and  style  aforesaid,  shall 
be  capable  in  Law  of  holding  and  disposing  of 
the  said  real  and  personal  estate,  devised  and  be- 
queathed as  aforesaid,  according  to  the  intention 
of  the  said  will ;  and  the  same  is  hereby  declared 
to  be  vested  in  them,  and  their  successors  in  office, 
for  the  purposes  therein  expressed,  and  shall  also  be 
capable  of  purchasing,  holding  and  conveying  any 
0'  other  real  and  personal  estate,  for  the  use  and 
benefit  of  the  said  Corporation,  in  such  manner 
as  to  them,  or  a  majority  of  them,  shall  appear  to 
be  most  conducive  to  the  interest  of  the  said  in- 
stitution. 

II.  And  be  it  further  enacted^  That  the  said 
Trustees  shall  have  power,  from  time  to  time,  to 
make  all  proper  and  necessary  rules  and  regula- 
tions for  the  government  of  the  said  Corporation, 
not  inconsistent  with  the  Constitution  and  Laws  of 
the  United  States,  and  of  this  State  ;  and  to  elect 
one  of  their  number  to  be  their  President,  and 
to  appoint  a  Clerk  and  Treasurer,  and  such  other 
officers  as  they  may  think  prO|^  r,  for  the  man- 
agement of  the  business,  and  concerns  of  the  said 
Corporation,  and  to  take  and  demand,  if  they  shall 


m 


dih 


I-  i 


■i?-- 


^i^ 


90 

deem  it  expedient,  from  every  such  Treasurer  and 
other  officers,  such  security  for  the  faithful  execu- 
tion of  their  duty,  and  the  performance  of  the 
trust  reposed  in  them  respectivefy,  as  to  the  said 
Trustees  shall  seem  proper ;  and  every  bond  or 
other  security  so  taken  by  them,  shall  be  valid  in 
Law,  and  entitle  the  said  Trustees  to  sue  and 
recover  therein,  according  to  the  legal  operation 
or  effect  thereof;  and  the  said  officers  shall  re- 
spectively hold  their  offices,  during  the  pleasure 
of  the  said  Trustees ;  and  that  any  five  or  more 
of  the  said  Trustees  shall  constitute  a  quorum,  t6 
transact  any  of  the  business  and  concerns  of  the 
Corporation. 

in.  And  be  it  further  enacted,  That  this  Act 
shall  be  deemed  and  taken  to  be  a  public  Act,  and 
be  construed  in  all  courts  and  places  benignly  and 
favorably,  for  the  purposes  therein  intended." 


i'  Il ' 


' 


It  was  admitted,  that  at  the  time  of  the  death 
of  the  said  Kobert  Richard  Randall, 

Robert  R.  Livingston   was  Chancellor  of  the 
State  of  New-York. 

Edward   Livingston  was  Mayor  of  the   City 
of  New  York. 

John  B.  Prevost  was  Recorder  of  the  City  of 
New  York. 

John  MurrayvWas  President  of  the  Chamber 
of  Com  iierce. 

James  Farquhar  was  President  of  the  Marine 
Society  in  the  City  of  New-York. 


i 


k'i^^ 


21 


.«•  *-A 


Paschal  N.  Smith  was  Vice  President  of  the 
Marine  Society  in  the  City  of  New-York. 

John  Rogers  was  the  senior  Minister  of  the 
Presbyterian  Church  in  the  City  of  New-Yerk. 

And  Benjamin  Moore  was  senior  Minister  of 
the  Episcopal  Church  in  the  City  of  New-York ; 
and  that  such  officers  were  all  known  ^nd  recog- 
nized by  the  Constitution  or  the  Laws  of  che  State 
of  New-York  at  the  time. 

And  it  was  likewise  admitted  that  they,  or  some 
of  them,  entered  upon  the  premises  under  the  will, 
immediately  upon  the  death  of  the  Testator,  claim- 
ing to  be  owners  in  fee,  and  held  them  until  the 
time  of  the  Act  of  Incorporation  : — From  which 
time,  until  the  present  day,  the  Tenants  have  had 
the  possession,  claiming  to  be  owners  in  fee. 

It  appeared  further  by  the  evidence,  that  the  sev- 
eral offices  filled  respectively,  by  the  several  officers 
above  named,  underwent  the  following  changes, 
from  the  time  of  the  death  of  the  Testator,  to  the 
time  of  the  trial,  that  is  to  say : 

\st — Robert  R.  Livingston  continued  Chancellor 
to  28th  October   1801. 

John  Lansing  appointed  in  the  place  of  Robert 
R.  Livingston  28th  October  1801. 

James  Kent  appointed  in  the  place  of  John 
Lansing  25th  February  1814. 

Nathan  Sanford  appointed  in  the  place  of  James 
Kent  in  August  1823. 

Samuel  Jones  appointed   in    the  place  of  Na- 


{ 


■•%'•) 


% 


:7^ 


.^' 


-X* 


^' 


> 


;«' 


22 

than  Sanford  during  January  1826,  and  contin- 
ued Chancellor  until  the  time  of  trial. 


m 


) 


2dly — Edward  Livingston  continued  Mayor  of 
the  City  of  New  York  until  1st  November  1803. 

De  Witt  Clinton  appointed  in  the  place  of 
Edward  I^ivingston  1st  November  1803. 

Marinus  Willet  appointed  in  the  place  of  De 
Witt  Clinton  16th  March  1H07. 

De  Witt  Clinton  appointed  in  the  place  of 
Marinus  Willet  22d  February  1808. 

Jacob  RadclifF  appointed  in  the  place  of  De 
Witt  Clinton  6th  March  1810. 

De  Witt  Clinton  appointed  in  the  place  of 
Jacob  Radcliff  18th  February  1811. 

John  Ferguson  appointed  in  the  place  of  De 
Witt  Clinton  20th  March  1815. 

Jacob  Radcliff  appointed  in  the  place  of  John 
Ferguson  25th  July  1815. 

Cadwallader  D.  Colden  appointed  in  the  place 
of  Jacob  Radcliff  9th  March  1818. 

Stephen  Allen  appointed  in  the  place  of  Cad- 
wallader D.  Colden  19th  March  1821. 

William  Paulding  appointed  in  the  place  of 
Stephen  Allen  26th  January  1824. 

Philip  Hone  appointed  in  the  place  of  Wil- 
liam Paulding  16th  January  182S. 

William  Paulding  appointed  in  the  place  of 
Philip  Hone  2d  January  1827,  and  continued 
such  until  and  at  the  time  of  trial. 


^ 


.1^ 


JUmm-H 


contin- 

ayor  of 
r  1803. 
ilace  of 

5  of  De 

ilace  of 

of  De 

alace  of 

;  of  De 

of  John 

be  place 

of  Cad- 

)lace  of 

)f  Wil- 

)lace  of 
ntinued 


i 
i 


i 

TfflT 


23 

Sdly — John  B.  Prevost  continued  Recorder  of 
the  City  of  New  York  until  19ih  November  1804. 

Maturin  Livingston  was  appointed  in  the  place 
of  .John  B.  Prevost  I9ih  November  1804. 

Pierre  C.  Van  Wyck  was  appointed  in  the 
place  of  Maturin  Livingston  5th  May  1806. 

Maturin  Livingston  was  appointed  in  the  place 
of  Pierre  C.  Van  Wyck  4th  March  1807. 

Pierre  C.  Van  Wyck  was  appointed  in  the 
place  of  Maturin  Livingston  22d  February  1808. 

Josiah  Ogden  Hcffman  was  appointed  in  the 
place  of  Pierre  C.  V«n  Wyck  5th  March  1810. 

Pierre  C.  Van  Wyck  was  appointed  in  the 
place  of  Josiah  Ogden  Hoffman  4th  March  1811. 

Josiah  Ogden  Hoffman  was  appointed  in  the 
place  of  Pierre  C.  Van  Wyck  12th  April  1813. 

Richard  Riker  was  appointed  in  the  place  of 
Josiah  Ogden  Hoffman  13th  September  1815. 

Peter  A.  Jay  was  appointed  in  the  place  of 
Richard  Riker   19th  April  1819. 

Richard  Riker  was  appointed  in  the  place  of 
Peter  A.  Jay  19th  March  1821,  and  continued 
such  until  and  at  the  time  of  trial. 

Mly — John  Murray  continued  President  of  the 
Chamber  of  Commerce,  in  the  City  of  New- York, 
until  May  1806. 

Cornelius  Ray  was  appointed  in  the  place  of 
John  Murray,  May  1806. 

William  Bayard  was  appointed  in  the  place  of 
Cornelius  Ray,  May  1819  or  1820. 


\\3' 


( '    ■ ',  I 


(  :  >/ 


24 

Robert  Lenox  was  appointed  in  the  place  of 
William  Bajard  1U26,  and  continued  such  until 
and  at  the  time  of  trial. 

bthly — James  Farquhar  continued  President  of 
the  Marine  Society  in  the  City  of  New  York,  until 
January  1825. 

Captain  John  Whetten  was  appointed  in  the 
place  of  James  Farquhar  in  January  1825,  and  is 
the  present  President, 

Gthly — Doctor  Benjamin  Moore  was  chosen 
Rector  of  Trinity  Church,  in  the  City  of  New- 
York,  on  the  22d  December  1800,  and  continued 
such  until  the  27th  February  1816. 

Doctor  John  ncnry  Hobart  was  chosen  Rector 
of  Trinity  Church  11th  March  1816,  and  continued 
such  until  the  time  of  trial. 

The  Rector  of  Trinity  Church  is  usually  con- 
sidered the  senior  Minister  of  the  Episcopal  Church 
in  th^  City  of  New- York. 

Ithly — Doctor  John  Rogers  continued  senior 
Minister  of  the  Presbyterian  Church  of  the  City 
of  New- York,  from  the  4th  September  1763,  uutij 
9th  May  1811. 

Doctor  McKnight  was  installed,  December  3d, 
1789,  and  continued  until  26th  April  1809. 

Doctor  Miller  was  installed  5th  June  1 703,  and 
became  the  senior  M  nister  of  the  Presbyterian 
Church  from  9th  May  1811,  until  the  time  of  his 
dismissal,  3d  September  1813. 


4 


25 

Reverend  Philip  Melanrthon  Whelpley  was  ap- 
pointed senior  Minister  of  the  Presbjlerinn  Church 
in  Mny  1815,  and  continued  until  his  death,  which 
took  place  17th  J ul>'  1824. 

Reverend  W.  \V.  Phillips  was  appointed  Min- 
ister on  19th  Januar}^  1826,  and  continues  until 
the  present  time. 

It  appeared  that  the  two  Presbyterian  Churches 
in  the  City  of  New  York,  separated  from  each 
other  in  the  month  of  May,  A.  D.  1809. 

It  also  appeared,  that  there  were  two  Vice  Pre- 
sidents of  the  Marine  Sotif  ty,  in  the  City  of  New- 
York,  above  mentioned,  that  is  to  say,  a  first  Vice- 
President,  and  a  second  Vice  President,  at  the 
time  of  the  death  of  the  said  Robert  Richard  Ran- 
dall, and  t)efore  and  since,  and  that  the  said  two 
officers  of  first  and  second  Vice-Presidents  were 
filled  as  follows,  and  underwent  the  following 
changes,  that  is  to  say  : — 

Paschal  N.  Smith  continued ^rsi  Vice-President 
to  the  year  1806. 

Thornas  Farmer  was  appointed  /frs/  Vice  Presi- 
dent in  the  place  of  Paschal  N.  Smith,  and  con- 
tinued in  that  office  to  the  year  1810. 

William  Lovett  was  appointed  fir<it  Vice-Presi- 
dent in  the  place  of  Thomas  Farmer,  and  continued 
in  office  until  1811. 

Ttiomus  Fi:rmer  was  again  appointed  in  the  place 

4 


Il 


26 

of  William  Lovett,  and  continued  in  office  until 
1819,  when 

Captain  William  Whitlock  was  appointed,  and 
has  coniiuued  until  the  present  day. 

Thomas  Farmer  was  second  Vice  President  from 
the  time  of  the  death  of  the  said  Robert  Richard 
Randall,  until  the  year  1806,  when 

William  Lovett  was  appointed  second  V\ve  Pre- 
sident, and  continued  such  until  the  year  1810| 
when 

William  Mrlntyre  was  appointed  second  Vice- 
President  and  continued  such  to  1811,  at  which 
last  mentioned  time 

William  Lovett  was  appointed  second  VireiPre- 
sident,  and  continued  to  hold  that  office  until  1818, 
when 

William  Whitlock  was  appointed  and  continued 
to  1819,  at  which  time 

James  lovett  was  appointed  second  Vice-Presi- 
dent, who  continues  such  until  and  at  the  time  of 
trial. 

The  Act  of  the  Legislature  of  the  State  of  New- 
York,  of  the  thirty-seventh  Session,  Chapter  LXIX, 
entitled  '*  An  Act  to  amend  the  Act,  entitled,  *  An 
Act  to  Incorporate  the  Tiustees  of  the  Marine  Hos- 
pital, called  the  Sailors^  Snug  Harbour,  in  the  City 
of  New  York.'— Paused  March  2oth  1814,"  was 
read,  and  is  in  the  words  following,  that  is  to  say  : 


* 


,:1 


■  27 

"  Whereas,  The  Trustees  of  the  Sailors'  Snug 
Harhour,  have  represented  that  doubts  exist  as  to 
whom,  ill  the  contemplation  of  the  Act  of  Incor- 
poration, are  to  be  considered  the  senior  Ministers 
of  the  Episcopal  and  Presbyterian  Churches  in 
the  City  of  New- York  :     Therefore, 

I.  Be  it  enacted  by  the  People  of  the  State  of 
Nnv-Yorky  represented  in  Senate  and  Assembly, 
That  I  he  Rector  of  Trinity  Church,  in  the  said 
City,  or  in  case  of  his  sickness  or  absence,  the 
Assistant  Rector  of  the  said  Church,  performing 
the  functions  of  Rector,  and  the  Minister  of  the 
Presbyterian  Church,  in  Wall-street,  in  the  said 
City ;  and  in  case  there  is  more  than  one  Minister 
in  the  said  Church,  then  the  Minister  first  estab- 
lished in  the  said  Church,  shall  be  the  Trustees 
of  the  said  Corporation. 

II.  And  be  it  further  enacted,  That  it  shall  be 
the  duly  of  the  said  Corporation,  to  make  an  an- 
nual report  to  the  Legislature,  and  to  the  Common 
Council  of  the  City,  of  the  state  of  their  funds." 


■  ■.■'<i 


The  Counsel  for  the  Tenants  then  read  the 
Act  of  the  Legislature  of  the  Stare  of  New-York, 
of  the  ninth  Session,  Chapter  XXIV,  entitled, 
"  An  Act  for  relief  against  absconding  and  ab- 
sent debtors. — Passed  4>f,h  April  1786;"  and  then 
offered  in  evidence  a  Report  made  to  the  Supreme 
Court  of  Judicature  of  the  State  of  New- York, 


iiiiliiiiiiiiiiiiiiff 


!  ^1 


m 


! '    y  ii 


II 


rM 


m 


i!    it 


m 


I 

r 


28 

in  the  matter  of  John  A.  HarHenhrook,  against 
Paul  Kichard  Randall,  an  absent  debtor ;  wliich 
report  was  filed  in  the  offi<*e  of  the  Clerk  of  the 
said  Supreme  Court  in  the  City  of  New  York,  on 
the  second  day  of  Februarv,  A.  D.  1802,  and  is 
in  the  words  and  figures  following,  that  is  to  say : 

"  State  of  New-York,  ss  : 

*'  By  John  B.  Prevost,  Esquire,  Recorder  of 
the  City  of  J\tw-  York. 

**  To  the  Honorable,  the  Supreme  Court  of  Ju- 
dicature of  the  Stale  of  Neu  \i)rk — Greeting: 

'*  /»  the  matter  of  John  A.  Hardenbrook, 
against  Paul  Richard  Randall,  an 
absent  debtor. 

**  I,  John  B.  Prevost,  Recorder  of  the  City  of 
New  York,  do  report,  that  on  the  thirteenth  day 
of  November,  in  the  year  of  our  Lord  one  thous- 
and eight  hundred,  at  the  City  of  New  York, 
in  the  State  of  New  York  came  before  Richard 
Harison,  Esquire,  then  Recorder  of  the  City  of 
New  York,  John  A.  Hardenbrook,  of  the  same 
City,  who  being  duly  sworn,  did  then  and  there 
make  his  affilavit,  in  writing,  before  the  said  then 
Recorder,  (as  appears  by  the  original  affidavit,  to 
me  delivered  and  hereto  annexed)  in  the  words 
and  figures  following,  that  is  to  say  : — 

"  State  of  New  York,  ss; — John  A.  Harden- 
*'  brook,  of  the  City  of  New-York,  maketh  oath 


t'vtigfei)^ 


■ytm-'-' 


29 

"  and  saith,  that  Paul   Richard   Randall,  late  of 
*'  the  Ci\y  of  Nrw  V Ork,  is  indebted  to  him  the  said 
"John  A    Hardenhrook,   in  six  hnndred  pounds, 
*'  (of  the  value  ol  fifteen  hundred  dollars)  and  up- 
"  uards,  over  and  ahove  all  discounts. — And   this 
"deponent  further  saith,  that  he,  this  deponent,  is 
"  informed  by  K(»hert  R.   Randall,  the   brother  of 
*'  the  said   Paul  Richard  Randall,  and  b)?  several 
"  persons  who  have  late!}'-  been  in  the  Republic  of 
**  France,  that  the  said  Paul  Richard  Randall  hath 
*♦  \'dtf\y  marri«  d  in  the  sai«l  Republic  of  France,  and 
"  doth  now   reside  in  the  City   of  Paris,   in  the 
*♦  said  Republic. — And  this  deponent  further  saith, 
•'  that  he  hath  made  diligent  and  particular  enquiry 
*'  of  and  concerning  the  said    Paul  Richard  Ran- 
*'  dall,  and  more  particularly  relative  to  his  present 
"  place  of  residence,  and  that   he,  this   deponent, 
"verily  believes  that  the  said  Paul  Richard   Ran- 
"dall  now  resides  in  Paris,  in  the  said  Republic 
"  of  France. 

"John  A.  Hardenbrook. 


"  Sworn  the  13th  day  of  November  1800. 

"  Rich.  Harison,  Recorder  of  New-York.'* 


"  That  on  the  same  thirteenth  day  of  November, 
in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred, aforesaid,  at  the  City  of  New-York,  in  the 
State  of  New-Vork  aforesaid,  proof  by  two  wit- 
nesses was  made  to  the  said  theu  Recorder,  of  the 
absence  of  the  said  Paul  Richard  Randall,  by  two 


illli««p 


*l 


•m 


w 


m 


f 


mil 


30 

original  affidavits  in  writing,  to  me  delivpred  and 
hereto  annexed,  the  one  of  which  said  affidavits  in 
writing,  is  in  the  words  and  figures  following,  that 
is  to  say  : — 

**  State  of  New- York,  ss: — Isaac  W hippo,  of  the 
**  City  of  New  York,  maketh  oath  and  saith,  that 
**  he,  this  deponent,  was  in  the  Republic  of  France 
"  some  time  in  the  jear  one  thousand  seven  hundred 
"  and  ninety-nine,  and  in  the  year  next  previous 
"  thereto.  And  this  deponent  further  saith,  that  Paul 
*'  Richard  Randall,  late  of  the  City  of  New-York, 
*'  then  resided  in  the  City  of  Paris,  in  the  said  Re- 
"  public  of  France,  as  this  deponent  was  then  and 
**  there  informed,  and  verily  believes  to  be  true. 
"  And  this  deponent  verily  believes  that  the  said 
"  Paul  Richard  Randall  at  present  resides  in  the 
**  said  City  of  Paris,  in  the  said  Repubublic  of 
*•  France. 

**  Isaac  Whippo. 

**  Sworn  the  7th  day  of  November  1800. 

**  John  Keese,  Commissioner,  &c." 


i 


*'  And  the  other  of  which  said  affidavits  in  writ- 
ing, is  in  the  words  and  figures  following,  tha^  is 
to  say  : — 

*«  State  of  New- York,  ss : — Gideon  Gardner  of 

Nantucket,  mariner,  maketh  oath  and  saith,  that 

"  he,  this  deponent,   being  formerly   Master  of  a 

"  Ship  in  the  European  trade,  hath  lately  been  at 


"^~~^- 


■  mm:.  VI 1 


mmn 


31 

"  Paris,  in  the  Republic  of  France,  and  that  he,  this 
**  deponent,  several  times  there  saw  and  conversfd 
*'  with  Paul  Richard  Randall,  late  of  the  City  of 
"  New-York,  and  that  he  the  said  Paul  Richard 
**  Randall,  informed  him,  this  deponent,  sometime. 
*♦  in  or  about  the  month  of  February  last,  that  he 
*'  the  said  Paul  was  married  and  lived  in  Paris 
**  aforesaid.  And  this  deponent  verily  believes  that 
*•  the  said  Paul  Richard  Randall  now  lives  and  re- 
**  sides  in  the  City  of  Paris  aforesaid. 

•'  Gideon  Gardner. 
»'  Sworn  the  12th  day  of  November  1800. 

*'  Note — The  words    '*  formerly"  February  first, 

interlined. 
"  Before  me,  John  Keese,  Commissioner." 


>? 


"  And  I  the  said  Recorder,  do  also  report,  that 
upon  the  application  of  the  said  John  A.  Harden- 
brook,  to  the  said  then  Recorder,  to  wit,  on  the  said 
thirteenth  day  of  November,  in  the  year  of  our  Lord 
one  thousand  eight  hundred,  the  said  then  Recorder, 
to  wity  Richard  Harison,  Esquire,  aforesaid,  in 
virtue  of  the  power  and  authority  to  him  given  in 
and  by  the  said  Act,  did  issue  his  warrant,  under 
his  hand  and  seal,  bearing  date  the  same  day  and 
year  last  aforesaid,  (as  to  me  appears  by  the  said 
warrant  to  me  delivered  hereto  annexed)  in  the 
words  and  figures  following,  to  wit : — 


32 


*'  State  of  New-York,  ss : 


t  t  111 


1:1 
It 


mf 


[L.S] 


**  By  Richard  Hanson^  Fsqvire,  Recorder 


of  the  City  of  New-  \oik. 
*•  To  the  SheritT of  the  City  and  County  of  New- 
**  York, — Greeting : 

**  WhereavS  it  appears  to  me  bv  the  oath  of  John 
"  A.  Hardenhrook,  that  F  .iil  Kichard  Randall,  late 
**of  the  City  of  New-York,  is  indebted  to  him, 
"  the  said  John  A.  Hardenhrook,  in  the  sum  of  six 
hundred  pounds,  (equal  in  value  to  fifteen  hun- 
*  dred  dollars)  and  upwards,  over  and  above  all 
'  discounts.  And  whereas,  proof  has  been  made 
"  to  me,  pursuant  to  the  direction  of  the  Act  here- 
*'  inafter  first  mentioned,  that  the  said  Paul  Rich- 
"  ard  Randall  at  present  resides  in  the  City  of 
*•  Paris,  in  the  Republic  of  France. 

"  These  are  therefore,  pursuant  to  the  directions, 
"  and  by  virtue  of  the  authority  to  me  given  in  and 
**  by  the  said  Art,  entitled  "  An  Act  for  relief 
"  against  absconding  and  absent  debtors.'^'' — Passed 
"  the  fourth  day  of  April  in  the  year  of  our  Lord 
"  one  thousand  seven  hundred  and  eighty-six ; 
"  and  an  Act,  entitled,  '  An  Act  constituting  a  com- 
*•  missioner  in  the  City  of  New  York,  to  do  cer- 
"  fain  Acts  appertaining  to  the  office  of  Chancellor, 
**  and  a  Judge  of  the  ibupreme  Court,  and  for 
^^  other  purposes  therein  mpntioned.^ — Passed  the 
"  twenty-sixth  day  of  Janu  ^ry,  one  thousand  seven 
*'  hundred  and  ninety-eight — to  authorize  and  com- 


•*'H--IWilii^  , 


98 

**  manH  you  to  attach,  seize,  take,  and  safely  keep 
"  ail  the  estate,  as  w«'ll  real  as  personal,  of  the 
"said  Paul  Richard  Randall,  of  what  kind  or 
"  nature  soever,  and  every  or  any  part  or  parcel 
*' thereof,  in  whatever  part  of  your  Bailiwick  they 
"can  be  found,  with  all  evidences,  books  of  ac- 
" count,  vouchers  and  papers  relating  thereto,  and 
"forwith  to  make,  (with  the  assistance  of  two 
"  substantial  freeholders,)  a  just  and  true  inventory 
"  of  all  such  estate  and  effects  as  you  shall  so 
"seize  and  take  by  virtue  hereof,  and  return  the 
"same  (signed  by  yourself  and  the  said  two  free- 
"  h(»lders)  to  me  at  my  C'hambers,  situate  in  Broad- 
**  way,  in  the  Fnurih  Ward  of  the  City  of  New- 
"  York  ;  And  for  so  doing  this  and  the  said  acts 
"  bhall  he  your  sufficient  warrant. 

"  Given  under  my  hand  and  seal,  this  thirteentli 
"  day  of  November,  in  the  year  of  our  Lord 
"  one  thousand  eight  hundred. 

Richard  Harisow." 


"And  that  immediately  after  the  issuing  of  the 
ivarrant  aforesaid,  the  said  then  Recorder  did  order 
notice  to  be  given  in  two  of  the  public  Newspapers 
printed  in  this  State,  one  of  which  to  be  printed 
in  the  City  of  New  York  : — *'  That  upon  applica- 
"  tion  and  due  proof  made  to  him,  the  said  Recorder, 
"  pursuant  to  an  Act  of  the  Legislature  of  the  State 
"  of  New- York,  entitled,  *  An  Act  for  relief  against 
"  absconding  and  absent  debtors.^ — Passed  the  4th 

5 


-'WK 


" 


94 

**  day  of  April  1786 — he  had  issued  his  warrant  to 
**  the  Shei  if!  of  the  City  and  County  of  Nrw- 
''  York,  commanding  him  to  attach,  seize,  take 
*•  and  safely  keep  all  the  estate,  as  well  real  as  per- 
**sonal,  pf  the  said  Paul  Richard  Randall,  an 
^^  absent  debtor,  of  what  kind  or  nature  soevec 
"  the  same  ma  be,  in  whatever  part  of  his  Baili- 
**  wick  the  same  could  be  found,  with  all  evi- 
*•  deuces,  books  of  account,  vouchers  and  papers 
*'  relating  thereto ;  and  that  unless  the  said  Paul 
**  Richard  Randall  should  return  and  discharge  his 
*'  debis  within  one  year  after  publication  of  this 
**  notice,  all  the  real  and  personal  estate  of  him  the 
*^  said  Paul  Richard  Randall,  would  be  sold  for  the 
**  payment  and  satisfaction  of  his  creditors:"  which 
said  notice  bearing  date  the  li3th  day  of  November 
1800,  hereto  annexed  (with  the  said  order  of  the 
said  then  Recorder  thereon  endorsed,)  was  pub- 
lished in  two  of  the  public  Newspapers  printed 
in  this  State,  to  wit,  in  the  City  of  New-York, 
pursuant  to  the  said  order,  for  twelve  weeks  suc- 
cessively— as  to  me  the  said  John  B.  Prevost,  Re- 
corder as  aforesaid,  by  the  affidavit  of  David 
Dunnisston,  Editor  of  one  of  the  said  public 
Newspapers,  called  the  American  Citizen,  and 
by  the  affidavit  of  John  Croi)kes,  printer  of  the 
other  of  the  said  public  Newspapers,  called  the 
Mercantile  Advertiser,  which  said  affidavits  taken 
and  made  before  me  the  said  Recorder,  on  the 
thirteenth  day  of  November  1801,  with  a  printed 
copy  of  the  said  notice  to  each  of  the  said  affida- 
vits, are  hereto  annexed. 


.'■■? 


-i.^ 
'« 


\^ 


~mnr 


mm 


rant  to 
New- 

^  tHke 

as  per- 
,   an 

soever 
Baili. 

I    livi- 

papers 

d  Paul 
rge  his 
of  this 
lim  the 
for  the 

which 
irember 

of  the 
s  pub- 
priiited 
-York, 
s  suc- 
st,  Re- 
David 
public 
I)  and 
if  the 
'd  the 

taken 
n  the 
rinted 


35 

*' And  I,  the  said  John  B.  Prevost,  Recorder  as 
aforesaid,  do  further  report,  that  the  said  Sheriff  of 
the  Cit^  and  County  of  iNew-York,  of  New-Vorkj 
(to  wit,  James  Morris,  Esquire)  to  whom  the  said 
warrant  was  directed  and  delivered,  did  afterwards 
(to  wit)  on  the  twen'y  foui*h  day  of  November,  in 
the  year  of  our  Lord  one  thousand  eight  hundred 
and  one,  make  return  thereof  to  me  the  said  Re- 
corder, which  said  return  annexed  and  endorsed  on 
the  said  warrant,  is  hereto  annexed,  and  by  which 
it  appears  that  the  said  Sheriff  did  well  and  truly 
execute  the  said  warrant,  and  did,  with  the  assist- 
ance of  two  substantial  freeholders,  namely,  John 
W  Gilbert  and  John  H.  Sickles,  forthwith  make  a 
just  and  true  inventory  of  one  house  and  lot  of 
ground  distinguished  as  number  53,  Stone-street, 
one  other  house  and  lot  of  ground  distinguished  as 
number  51,  in  said  Street,  and  also  one  other  house 
and  lot  of  ground  known  and  distinguished  as 
number  99,  in  Liberty  street,  all  in  the  City  of 
New- York,  being  all  the  estate  and  eflfects  which 
he  then  could  seize  and  take  by  virtue  thereof,  and 
the  said  Sheriff  did  return  the  said  warrant,  with 
the  said  return,  to  me  the  said  Recorder,  signed  by 
himself  and  the  said  two  freeholders  as  above  men- 
tioned. 

"  And  I,  the  said  John  B.  Prevost,  Recorder  as 
aforesaid,  do  further  report,  that  the  said  Paul 
Richard  Randall,  the  absent  debtor  aforesaid,  not 
returning  and  discharging  his  debts,  or  otherwise 


4^ 


** 

,  »' 


36 

compounding  with,  or  satisfying  his  creditors,  nor 
presenting  such  petition  as  the  said  act  prescribes; 
1,  the  said  Kecurder,  in  virtue  of  the  power  to  me 
given  in  and  by  the  said  Acts,  did  afterwards,  {to 
wit,)  on  the  twenty-second  day  of  December,  in  ihe 
year  of  our  Lord  one  thousand  eight  hundred  and 
one,  by  an  instrument  in  writing,  under  my  hand 
and  seal,  bearing  date  the  same  day  and  year  last 
above  mentioned,  nominate  and  appoint  Charles 
Ludlow,  James  Brewerton  and  Roj^er  Strong,  all 
of  the  said  City  of  New- York,  to  be  the  Trustees 
for  all  the  creditors  of  the  said  Paul  Richard  lian- 
dall,  an  absent  debtor,  against  whose  estate,  real 
and  personal,  said  warrant  of  attachment  was  issued 
as  aforesaid,  pursuant  to  the  said  Act.  And  that 
afterwards,  to  wit,  on  the  twenty-fourth  day  of 
December,  in  the  year  last  aforesaid,  the  said 
Charles  Ludlow,  James  Brewerton  and  Hoger 
Strong,  did  severally  appear  and  take  an  oath  be- 
fore me,  the  said  Kecorder,  well  and  truly  to  exe- 
cute the  trust  by  the  above  mentioned  appointment 
reposed  in  them,  according  to  the  best  of  iheir  skill 
and  understanding. 

J.  B»  Prevost,  Recorder  of  New- York." 


It 


ti 


The  Counsel  for  the  said  Tenants  then  read  the 
Act  of  the  Legislature  of  the  State  of  New  York, 
of  the  twenty  fourth  Session,  Chapter  LXIX,  en- 
titled, '^  An  Act  for  relief  against  absent  and  ab- 
sconding debtorfi.^^ — Passed  March  21,  1801,  And 


•K 


r 

e 

Id 

il 


^ 


then  read  in  evidence  certain  affidavits,  and  an  ap- 
poinrmeiit  of  Trustees,  in  the  woidt»  and  ligutes 
following,  that  is  to  say  : —  ^x^»y. 

"  In  the  case  of  Paul  Richard  Randall,  an 
absent  debtor, 

'♦New-York,  ss:— Isaac  Hiley,  of  th'  City  of  New- 
York,  hookseiler,  and  a  bankrupt  under  tht  late 
Law  of  the  United  States,  lor  establishing  an  uni- 
form system  of  bankruptcy  throughout  the  United 
States,  makes  oath,  that  Paul  Hiehard  Randall,  at 
present  of  theCity  ot  Paris,  in  the  Entpire  ol  France, 
merchant,  is  indebted  to  the  estate  ot  this  d(  pciient 
in  the  sum  of  one  hundred  dollars  and  upwards, 
over  and  above  all  discounts  ;  and  further  satth  not. 

I.    11 1  LEV. 

*«  Sworn  the  12th  day  of  January  1807,  before 

me  B.  Livingston." 

»  •■ 

"  New- York,  55: — Martin  Hoffman,  William  Cut- 
ting and  Jacob  Clinch,  all  ol  the  City  of  Neu-York, 
being  duly  sworn,  severally  say,  that  they  are  as- 
signees of  the  estate  and  effects  of  the  above  num- 
ed  Isaac  Riley,  a  bankrupt  under  the  Law  of  the 
United  States,  above  mentioned,  and  that  they 
verily  believe  that  the  above  na.iied  Paul  Hiehard 
Randall  is  indebted  to  them,  as  assignees  as  afore- 
said, in  the  sum  of  one  hundred  dollars  and  upwards, 
over  and  above  all  discounts  ;  and  fun  her  say  not. 

Martin   Hoffman. 

William  Cltting. 

Jacob  Clinch. 


\'T... 


^::.;^- 


^M^ 


,X 


the  23d  day  of  January  1807,  by  W. 
Culling,  before  me  P.  C.  Van  Wyck. 

(Endorsed) 
"  In  the  case  of  Paul  R.  Randall,  absent  debtor — 
issued  Aiiachment — Feb.  6, 1807. 

P.  C.  V.  w. 


"  In  the  case  of  Paul  Richard  Randall,  an 
absent  debtor. 

New-York,  ss: — Richard  AJsop,  of  the  City  of 
New- York,  gentleman,  and  John  Alsop,  of  the 
same  place,  bookseller,  severally  make  oath  and 
say,  that  they  verily  believe  the  above  named  Paul 
Richard  Randall  hath  for  a  long  time  past,  andjet 
doth  reside  out  of  the  State  of  New  York,  to  wit, 
in  Paris,  in  the  Empire  of  France,  and  further  ihey 
say  not. 

R.  Alsop. 
John  Alsop. 

Sworn  this  6th  day  of  February  1807,  before 
me  John  Flrguson,  Justice  of  Peace,  in  and 
for  the  City  of  New  York." 


*'  By  the  Honorable  Pierre  C.  Van  Wyck,  Esq, 

Recorder  of  the  City  of  New-York. 

To  all  to  whom  these  presents  shall  come,  or 
may  in  any  wise  concern.  Be  it  known  and  made 
manifest,  that  1,  the  said  Recorder,  have  nomina- 


mm 


»•»-««»  ."'■■^ 


v«rv  "*''■ 


i 


-"^--sJ.    " 


♦-. 


•> 


S9 


•/''i^ 


fc 

) 


'  %    •  \:f 


ted  and  appointed,  and  by  these  presents,-;do  fiAmif 
nate  and  appoint,  Nathan  Santord,  Jc$n-  Juhtil- 
and  Judah  Zuniz,  of  the  City  of  New  Yorli,'1fe(]frs." 
to  be  the  Trustees,  of  all  the  creditors  of  Paul 
Richard  Randall,  an  absent  debtor,  against  whf»se 
estate,  real  and  personal,  a  Warrant  of  Attachment 
has  been  issued  by  me,  the  said  Recorder,  pursu- 
ant to  an  Act,  entitled,  '  An  Act  for  relief  against 
absconding  and  absent  debtors/ 

Given  under  mv  hand  and  seal  this  four- 
[L.  S.]  teenth  day  of  April,  in  the  year  one  thou- 
sand eight  hundred  and  eight. 

P.  C.  Van  Wyck. 

'*  Be  it  remembered,  That  on  this  fourteenth  day 
of  April,  in  the  year  one  thousand  eight  hundred 
and  eight,  the  within  named  Nathan  Sanford, 
John  Juhel  and  Judah  Zuntz  were  by  me  respec- 
tively sworn,  well  and  truly  to  execute  the  trust  in 
them  reposed,  as  Trustees  for  all  the  creditors  of 
the  within  named  Paul  Richard  Handall,  according 
to  the  best  of  their  skdi  and  understanding." 

P.  C.  Van  Wyck. 


It  appeared  in  evidence,  that  Catharine  Brewer- 
ton  died  some  time  in  or  about  the  year  of  our 
Lord  one  thousand  eight  hundred  and  fifteen,  and 
that  the  said  Paul  R.  Kandall  died  some  time  in 
the  year  of  our  Lord  one  thousand  eight  hundred 
and  twenty ;  the  said  Catharine  having  first,  while 


■y  ■ ' 


+, 

'A* 


•*v 


■■^^^> 


'.'■■■-"^   ■Li5i-*''i 


D*«' 


/•  -     tv      »■* 


40 

a  wif^ow,  made  her  last  will  and  testament,  dated 
the  fifrli  <hy  of  June,  A.  D.  1816,  duly  execu- 
ted and  aftested  to  pnss  real  estate,  and  devised 
auiong  other  things  as  follows,  that  is  to  say  :— 

"  Sproiidly,  I  give,  devise  and  bequeath,  all  my 
*'  esraie,  real  and  personal,  whatsoever  and  where- 
**  soever,  in  law  or  equity,  in  possession,  reversion, 
*'  reinaitid^-r  or  expectancy,  (excepting  such  as  is 
**  htTt^ici  otherwise  specifically  mentioned)  unto' 
**  my  EK<"ciif(»rs  herein  after  named,  and  to  the 
*' snrvivoi  of  them,  his  heirs  and  assigns  forever, 
*'  tip  n  trust  neverthidess  for  the  uses  and  ptirposes 
*M)<MeiiMfier  mentioned  and  intended,  that  is  to 
*'  say,  that  my  executors  shall,  &c." 

The  Counsel  for  the  Demandant  objected,  that 
anv  f^stunony  showing  a  right  out  of  the  Deman- 
dant w:is  ina'hnissihie,  under  the  issue  in  this 
CHiise,  which  v\as  upon  the  mere  right  of  the 
parties  to  the  suit : — 

And  the  Counsel  for  the  Tenants  contended, 
that  it  was  proper  evidence  in  order  to  break  the 
descent  to  the  Demandant. 

The  Counsel  for  the  Demandant  then  offered 
in  evidence,  three  certain  rules  of  the  Supreme 
Court  of  Judicature  of  the  People  of  the  State  of 
New-York,  which  were  objected  to  by  the  Counsel 
for  the  Tenants,  as  inadmissible,  but  were  received 


*■  '.•■ 


E-.w"  iJHJi'^ 


^^^V^" 


>«'^ 


41 

by  the  Court ;  they  are  of  the  date  and  tenof  fol- 
lovvipg,  that  is  to  sa^ : — 

*'  February  \lth,  1804. 
In  the  matter  of  Paul  Richard  Randall,  an 
absent  debtor. 


On  reading  and  filing  the  petition 
Stewart,  White  Matlack  and  Catharine 


of  AleXandei' 


and   Ai 


Brevverton^ 


of  the  said   Paul  Richard 


itorneys 

Randall,  and  also  reading  and  filing  the  answer 
of  Charles  Ludlow,  J^nies  Brewerton  and  Rogef 
Strong,  Trustees  for  all  the  creditors  of  the  said 
Paul  Richard  Randall,  to  the  said  petition,  and  on 
motion  of  Mr.  Hamilton,  Attorney  of  the  said  Alex- 
ander Stewart,  White  Matlack  and  Catharine 
Brewerton,  It  is  ordered  by  the  Court,  that  the 
said  Trustees  pay  to  the  said  Paul  Richard  Ran- 
dall, or  to  his  said  Agents  and  Attorneys,  for  his 
use,  the  sum  of  five  thousand  five  hundred  dollars 
out  of  the  monies  now  remaining  in  the  hands  of 
the  said  Trustees." 


*' August  9thy  iS04>. 
Van  Wyck,  Attorney. 

In  the  matter  of  Paul  R.  Randall,  an  absent 
debtor,  and  his  assignees,  ^c. 

On  reading  and  filing  the  Petition  of  Alexander 
Phoenix,  the  Attorney  and  Agent  for  Paul  Rich- 
ard Randall,  together  with  a  certified  copy  ot  trie 
Power  of  Attorney,  and  the  acknowledguieiits  of 

6 


1^ 


V  ■-*-.'/.  Iv 


^/#%«*|<fe 


*  VP*fe^>  /«. 


1^^^ 


42 


the  Trustees  and  former  Attorneys  of  the  said 
PhuI,  thereunto  annexed,  and  on  motion  of  Mr. 
Van  Wyck,  of  Counsel  for  the  said  Alexander. — 
Ordered th'dlthe  rule  heretofore,  in  February  Term, 
last,  made  in  the  said  matter  be  vacated,  and  that 
the  said  sum  of  five  thousand  five  hundred  dollars 
acknowledged  to  be  still  remaining  in  the  hands  of 
the  said  Charles  Ludlow,  James  Brewerton  and 
Roger  Strong,  Trustees  as  aforesaid,  be  paid  over 
by  them  to  the  said  Alexander  Phoenix,  as  the  At- 
torney and  Agent  of  the  said  Paul  Richard  Ran- 
dall." 

!  .,.  "  March  \9th,  1825. 

Ordered^  that  the  Clerks  of  this  Couri  be,  and 
they  are  hereby  authorized  to  destroy  all  notices, 
affidavits,  declarations,  and  all  intermediate  plead- 
ings in  suits  between  the  filing  of  declaration  and 
the  entry  of  final  judgment,  and  issue  Rolls  that 
have  been  filed  previous  to  the  first  day  of  January 
in  the  year  1819,  in  their  offices,  according  to  the 
Statute  in  such  case  made  and  provided,  as  having 
become  useless." 


i 


It  was  agreed  that  the  printed  volumes  of  the 
Statutes  of  the  State  of  New- York,  whether  public 
or  private,  should  at  all  stages  be  read  in  evidence 
in  the  same  manner  as  in  the  Supreme  Court,  and 
as  if  Huthenticated  under  the  Seal  of  the  State  of 
New  York,  &.c. 


^'  'IT 


■  -ilMtifaiM  Jjifc  '^th 


■/.%}ffm''>i'. 


V. 


•~v., 


lid 

Ir. 
Im, 


-^5;  .. 


4S 


POINTS  or  DZSAGftiBlSBnBNT 


■«if. 


In  the  above  entitled   cause,  and  upon  uhli4vi^he<^         ;V 
opinions  of  the  Judges  were  opposed,  were  as  foN^^*  :^t     \ 


lows,  that  is  to  say  : —  -^  :     »     •  ' 

I.  Whether,  inasmuch  as  the  Count  in  the 
cause  is  for  the  entire  right  in  the  premises,  the 
Demandani  can  recover  a  less  quantity  than  the 
entirety. 


■^. 


II.  Whether  John  Inglis,  the  Demandant,  was 
or  was  not  capable  of  takuig  lands  in  the  State  of 
New  York  by  descent,  which  general  question  pre- 
sents itself  under  the  following  aspects :—  ' 

Is/ — Whither^  in  case  he  was  born  before  the 
4th  ot  July  1776,  he  is  an  alien,  and  disabl- 
ed from  takiitg  real  estate  by  inheritance. 

2d1y — Whether^  in  case  he  was  born  after  the 
4lh  of  July  1776,  and  betore  the  fifteenth  of 
September  of  the  same  year,  when  the  British 
tocik  possession  of  New  York,  he  would  be 
under  the  like  disability. 

Mly — Whether^  if  he  was  born  after  the  British 
took  possession  of  New  York,  and  belorr  tiie 
Evacuation  on  the  25th  of  Nonmber  1783, 
he  would  be  under  the  like  disability. 


^. 


^:''\^,,  ,^i 


on  the  right    \ 


4^^/y— -What  woulrl  be  the/e| 

i.;^- olJ^hn  Inglis  to  inbenr||!||f^traie  ifl^  'k.' 

[:3r  ^ fe*^ 'M  N^^i^r  ^^       if  the  Grand  AssiJ^^jHiould  fijijl^  that 
I     ^'    i    jfe?  Chnrlf  s  Inglis,  the  father;  aifilllohii  lngJ|,>he    f.-  \, 
■^  i^ffi     Demandant,  did,  in  P<^'#2&J&^^^  ^^^^*  ^^  ^'®'     ^'  - 
IM  :.M    come  and   continue  HritilMiiibiects  and  not         1. 
,\  ,    '•!  American  Ciiiizens?.  ^i^;>«  W-.    ,    J"''  \^t<^^'^'i^- 

III.  Whether  the  will  of  Catharine  Brewertori 
was  sufficient  to  p.iss  lie»'  nghr  ..ad  '^terest  in  the 
pr  «ii)ise'  n\  .1  «  )  so  as  u  -frat  ihi  L'>  :  "ij'. 
dcui'  Uk  an)'  respcci  .  me  premi  ^r^' ';  ing  u   h.        "^ 


^  a^ai'^  -11 


^  :^Ul: 


-K 


V; 


'*i. 


iV,    Whether  the  proceedings  against  Paul  !&*.*( 
Randall,  as  an  absent  debtor,  p  issed  his  right  or  iji3<s|^';    'f'  * 

'K%    terest  in  the  lands  in  question  to,  and  vested  th^t*^  ^^\°*  ( 
^ame  in,  the  Trustees  appointed  under  the  said;j|^>''.~  . 

•  ■'      proceedings,  or  either  of  thetn,  so  as  to  defeat  the  v J  ^ 
Demandant  in  anv  respect.       ^*   ^  ^      i^^^  t*j;-^^-^^^^ 

\    •  - 1, . .  <.....,  «4  J., ;.  i^^^^..iV€lr^-^^::;^>S^^ 

V.    Whether  the  devise  in  the  Will  of  Robert     > 
Richard  Randall  of  the  lands  in  quMon,  is  a  valid     '    y  i 
^         tlevjse,  so  as  to  divest  the  heir  at  lam  of  his  legal  ^^*k  ; 
estate,  or  to  affect  the   lands  ih  His' hatids  with  a-  i¥  ^'i* 


'jy^t 


?tru$t 


le  j% 


\'  ft  'V 


'*  .^k 


'<^^ 


T   S^ 


M- 


.  *  .      •    •  -         .       ,  -.:#-■?...->' 

All  which  is  hereby  certified,  &»'  ^^f^;^.} 


^?!;;;itf  ,;^^.^,  .Aii'ti 


■l^-*  -fXtf: 


•■*,v- 


5K' 


"^: 


i*'**^..  > 


'^-L 


'•.:a^ 


•i< 


••^'^^H^kluc 


«^i;,  ■>*^. 


li 


i  i 


(ti 


